Procedure - Law Dictionary Search Results
Home Dictionary Name: procedure Page: 5 Page 5 of about 764 results (0.002 seconds)Incidental
Incidental, the word 'incidental' means according to Webster's New World Dictionary: 'happening or likely to happen as a result of or in connection with something more important; being an incident; casual; hence, secondary or minor, but usually associated', Delhi Cloth and General Mills Co. Ltd. v. The Workmen, AIR 1967 SC 469: (1967) 1 SCR 882.Incidental, The expression 'Incidental' may mean differently in different contexts while dealing with a procedural law. It may mean proceedings which are procedural in nature but when it is used is relation to an agreement or the delegated legislation. It may mean something more, but the distinction between an incidental proceeding and a supplemental proceeding is evident, G.L. Vijain v. K. Shankar, AIR 2007 SC 1103.May mean differently in different contexts. While dealing with a procedural law, it may mean proceedings which are procedural in nature but when it is used in relation to an agreement or delegated legislation, it may mean something m...
Calling attention
Calling attention, in Indian Parliament, a member may, with the previous permission of the Speaker, call the attention of a minister to a matter of urgent public importance and request a statement thereon, Rules of Procedure and Conduct of Business in Lok Sabha, 2002, R. 197(2), Proviso (LS).Only matters concerning the Government of India can be raised through a Calling Attention Notice, the notice must be given on the same day on which a matter has arisen or become publicly known, Rules of Procedure and Conduct of Business in Lok Sabha, 2002, R. 197(2), Proviso (LS).In the Lok Sabha not more than five members whose names are shown in the list of business are allowed to ask clarificatory questions, Rules of Procedure and Conduct of Business in Lok Sabha, 2002, R. 197(2), Proviso (LS)....
Privy purse
Privy purse, is the sum fixed by the Government of India for covering the expenses of each of the rulers of former Indian States and their families in consideration of their agreement of merger in the Indian Union, A Commentary on the Constitution of India, Durga Das Basu, Vol. 4, p. 369.Privy purse, the income set apart for the sovereign's personal use. See CIVIL LIST.The periodical payment of money by the Govern-ment to a Ruler of a former Indian State as privy purse all political considerations and under political sanctions and not under a right legally enforceable in any municipal court is strictly a political pension within the meaning of s. 60(1)(g) of the Code of Civil Procedure. The use of the expression 'privy purse' instead of the expression 'pension' is due to historical reasons. The privy purse satisfies all the essential characteristics of a political pension, and as such, is protected from execution under s. 60(1)(g), Code of Civil Procedure. Moreover, an amount of the pr...
Complaint
Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]Means--(i) a consumer; or(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or(iii) the Central Government or any State G...
demurrer
demurrer [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay] : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...
perfected
perfected : completed in accordance with statutory procedure for giving notice and thereby having a status of priority over security interests that are the subject of such procedure at a later date or that are not the subject of such procedure [settling a priority contest between the two security interests] ...
process
process 1 : a continuous operation, art, or method esp. in manufacture [whoever invents or discovers any new and useful …may obtain a patent therefor "U.S. Code"] 2 a : procedure see also abuse of process, due process b : a means (as a summons) used to compel a defendant to appear in court ;broadly : a means by which a court acquires or exercises jurisdiction over a person or property see also mesne process compare notice, service NOTE: In civil procedure, service of a summons on a defendant is considered constitutionally sufficient process, although usually a copy of the complaint must also be provided according to the local rule of procedure. ...
Adjective law
Adjective law, is the body of rules governing procedure and practice, Black Law Dictionary, 7th Edn., p. 42.Means the body of law in State consists of two parts, substantive and adjective law. The former prescribes those rules of civil conduct which declare the rights and duties of all who are subject to the law. The latter relates to the remedial agencies and procedure by which rights are maintained, their invasion redressed and the methods by which such results are accomplished in judicial tribunals, Edwin E. Bryant, the Law of Pleading under the Codes of Civil Procedure, p. 1 (2nd Edn., 1899)....
Adjournment Motion
Adjournment Motion, means a motion for discussing 'a specific and important matter that should have urgent consideration'. Wilding and Laundry, the Office of the Speaker in Parliament of Commonwealth, p. 247. 'Adjourn motion' is a motion which can be moved by any member of the House and is in the nature of emergency motion of censure upon the government. Wilding and Laundry -- The Office of the Speaker in Parliament of Commonwealth, p. 9.The object is to draw the attention of the Govern-ment to a matter of urgent public importance so as to criticize the decision of Government in an urgent matter in regard to which a motion or resolution with proper notice will be too late. Kaul and Shakdher -- Practice and Procedure of Parliament, 5th Edn., 2001, p. 496.If the Speaker gives his consent after satisfying himself that the matter to be raised is definite urgent and of public importance and holds that the matter proposed to be discussed is in order, he shall call the member concerned who sh...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
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